Federalism: Federal and State Powers, Preemption & the Tenth Amendment

What is federalism?

The division of power between the federal government and the states.

Name two exclusively federal powers.

Coining money and entering into treaties.

What are police powers?

The power to legislate for public health, safety, and welfare.

Who has general police powers?

The states. Congress needs a constitutional grant of power to legislate.

What does the Supremacy Clause establish?

Valid federal law prevails over conflicting state or local law.

What is preemption?

Federal law displacing state law.

What is express preemption?

A federal law expressly states that it displaces state law.

What is conflict preemption?

Complying with both federal and state law is impossible.

What is obstacle preemption?

State law obstructs a federal objective.

What is field preemption?

Congress intended federal law to occupy the entire field.

What presumption applies to preemption of traditional state police powers?

They are presumed not displaced unless Congress’s purpose is clear and manifest.

What is intergovernmental immunity?

States generally cannot tax or regulate federal government activities.

Can a state require a federal agent to obtain a state license to perform a federal function?

No.

Can a state directly tax a federal agency without congressional consent?

No.

Can a state impose a nondiscriminatory income tax on federal employees?

Yes, if it does not unreasonably burden the federal government.

What does the Tenth Amendment reserve?

Powers neither delegated to the federal government nor prohibited to the states are reserved to the states or the people.

What is the anti-commandeering principle?

Congress cannot command states to enact state laws or enforce federal law.

Can a generally applicable federal employment law apply to a state as an employer?

Yes.

What is conditional spending?

Congress offers federal funds subject to conditions to encourage states to act.

What four requirements must conditions on federal grants meet?

They must be clear, related to the program’s purpose, not unduly coercive, and otherwise constitutional.

How did Congress encourage states to set the drinking age at 21?

It conditioned a portion of federal highway funds on adopting that age.

When is a funding condition unduly coercive?

When states have no real choice but to comply.